tag:blogger.com,1999:blog-5574479.post8131707275437727828..comments2017-09-26T22:35:15.514+01:00Comments on The IPKat: Fordham 25 (Report 2): Brexit and IPStephenhttp://www.blogger.com/profile/02696269280640311441noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-38478715377339552342017-04-26T00:02:28.667+01:002017-04-26T00:02:28.667+01:00Those who remember the introduction of the 1977 Pa...Those who remember the introduction of the 1977 Patents Act may remember the mess that the Parliamentary Draghtsmen made of the transitional provisions vis a vis the 1949 Act, where conflicting 1949-Act and 1977-Act patents would both have had priority over each other. When this was belatedly realized, the solution adopted by the Patent Office was to delay grant of all 1977-Act patents until all the 1949-Act patents had been granted, thereby ensuring that conflict would never arise. One applicant who had been informed his patent was in order for grant and whose business was being ruined by imports of &quot;infringing&quot; products whose import he was powerless to prevent, managed to get the courts to grant him an order of mandamus which forced the Patent Office to grant him his patent. <br /><br />I seem to remember a judge describing the transitional provisions of the 1977 Act as something like &quot; ... a paradigm of unclarity and anfractuosity&quot;. Hopefully they will do better this time, but I&#39;m not betting on it. ex-examinernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62924743246940973842017-04-21T17:03:00.814+01:002017-04-21T17:03:00.814+01:00Uncertainty is not unlikely it is likely! The stat...Uncertainty is not unlikely it is likely! The statement should be read correctly.<br /><br />That an ongoing case in UK on Brexit day will continue is not at stake here. The uncertainty lies in the how it will happen in the UK. This might be solved if only UK is at stake. <br /><br />There is however also an uncertainty, but much larger then, on what will happen if it affects not only UK but other contracting states on Brexit day, whether or not it is taken by a UPC court having its seat in UK. <br /><br />This leads inevitably to the post Brexit enforcement problem.<br /><br />Not everything revolves around an island bordering the North Sea. After all ridiculous for ridiculous, who is the more ridiculous?? <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89030070617528987022017-04-21T10:53:28.090+01:002017-04-21T10:53:28.090+01:00Any idea what I tell my client about UPC cases th...Any idea what I tell my client about UPC cases that are ongoing on Brexit day? For example, if on Brexit day there is an ongoing UPC case where infringement is exclusively in the UK, what happens?<br /><br />Quite frankly, the statement that &quot;uncertainty is unlikely because legal provision will inevitably be made to deal with the treatment of, for example, pending UPC cases on Brexit day&quot; is ridiculous. That uncertainty already exists and will continue to exist unless and until the specifics of the assumed provision are finally decided on. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72738889515533722752017-04-21T08:43:48.873+01:002017-04-21T08:43:48.873+01:00It is amazing to see what is coming out now in ord...It is amazing to see what is coming out now in order to save the UPC.<br /> <br />UPC is an agreement reserved to EU member states. This is a fact which seems conveniently forgotten. <br /><br />As long as UK is member of the EU it might ratify. Once out of the EU it cannot any longer be part of the UPC, at least in the present form. <br /><br />This means that: <br />1) the participation of UK in the UPC post Brexit will be part of the bargaining under Art 50. Any more enchanting perspective?<br />2) provisions have to be found how to transfer pre-Brexit judgements of the UPC into the UK legal system. This might be the easiest part, although it does not appear as simple as it may look at a glance.<br />3) provisions about enforcement post-Brexit of UPC judgements in the UK have to be devised. This is a point which has been conveniently dodged up to now by all proponents of the post-Brexit participation of UK. <br /><br />I see here three reasons of great uncertainty. Can, in all honesty and in view of this uncertainty, any representative suggest to his client not to opt-out until any of those points are cleared? <br /><br />That US industry and PAEs are interested in the UPC is pretty obvious, but should not be taken as a push to satisfy this need. <br /><br />Here the Commission oversees a great danger and belittles the point of view expressed for instance by IP2P(?) about the danger of trolling. I am not convinced that the harmonisation effect heralded by the Commission will eventually be a benefit for European industry in general and SMEs in particular. In the case of patents subsidiarity might be better. <br /><br />And now CH and NO should come into the UPC! Ever heard of Opinion 1/09? One should not forget that it was the death knell of EPLA!<br /><br />As a commenter wrote: is this &quot;knowledge, blind optimism or desperation&quot;? A nice summary!Sceptical viewnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14331268860598964212017-04-20T20:30:08.003+01:002017-04-20T20:30:08.003+01:00And so, the summary is?? It&#39;s hard to tell whe...And so, the summary is?? It&#39;s hard to tell whether the &#39;oh, it&#39;ll be alright&#39; is knowledge, blind optimism or desperation. CH and NO seem to be complicated whereas UK is tootling along nicely (although it is still complicated?). I&#39;m lost. 2017? 2018? 2019?...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64593772804897414122017-04-20T17:40:19.300+01:002017-04-20T17:40:19.300+01:00Regarding Unitary Patents: Couldn&#39;t the UK Gov...Regarding Unitary Patents: Couldn&#39;t the UK Government simply legislate unilaterally to recognise the effect of Unitary Patents in the UK? No agreement with the EU or official negotiation of an agreement under Article 142 EPC required?slartibartfastnoreply@blogger.com